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1 BLS Contract Collection Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the BLS Contract Collection, see Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY Contract Database Metadata Elements (for a glossary of the elements see - Title: Dominion East Ohio and Natural Gas Workers Union, Service Employees' International Union (SEIU), AFL-CIO, Local 555 (2001) K#: 6044 Employer Name: Dominion East Ohio Location: OH Cleveland Union: Natural Gas Workers Union, Service Employees' International Union (SEIU), AFL- CIO Local: 555 SIC: 4924 NAICS: Sector: P Number of Workers: 1200 Effective Date: 06/16/01 Expiration Date: 06/15/06 Number of Pages: 45 Other Years Available: Y For additional research information and assistance, please visit the Research page of the Catherwood website - For additional information on the ILR School,

2 PREAMBLE THIS AGREEMENT is made and entered into by and between THE EAST OHIO GAS COMPANY, now doing business as "DOMINION EAST OHIO", hereinafter referred to as the "Company" and THE NATURAL GAS WORKERS UNION, LOCAL 555, SERVICE EMPLOYEES' INTERNATIONAL UNION, AFL-CIO, hereinafter referred to as the "Union". Article I. UNION RECOGNITION 1.1 The Company recognizes the Union as the exclusive bargaining agent of all employees covered by this Agreement for the purposes of collective bargaining and for handling all matters within the scope of this Agreement for the time this Agreement is in force. 1.2 This Agreement shall cover and apply to all office, shop and outside employees employed by the Company, excluding all confidential employees as that term is applied under the National Labor Relations Act, as amended, and all employees, whether or not they are confidential employees, in the Communication Services, Public Relations, Employee Relations, Legal, Payroll, Rate, Taxes and Insurance, and Reports and Statistics Departments, all professional employees, guards and supervisors as defined in the National Labor Relations Act, as amended, and employees in positions specifically agreed to be excluded. 1.3 Each month, the Labor Relations Director or Labor Relations Manager will notify the Secretary of the Union's Executive Committee in writing, of the name, effective date, work location, and reason for any employee's bargaining unit status change made under this Article. The Union may appeal any such bargaining unit status change made under this Article within twenty (20) calendar days of the receipt of notification, under the provisions of Article V of this Agreement, 1.4 Within twenty (20) calendar days after any regular or special Union election or appointment, the Secretary of the Executive Committee of the Union will notify the Labor Relations Director or Labor DRelations Manager in writing, of duly elected or appointed Officers, Representatives and Stewards. Such notice will include name, home address, home telephone number, work location, term of office and area of representation. 1.5 The Company agrees that if during the life of this Agreement it discontinues operations, sells, leases, transfers or assigns the operations covered by this Agreement, it shall inform the purchaser, lessee, transferee or assignees of the exact terms of this Agreement and shall make the sale, lease, transfer or assignment conditional upon the purchaser, lessee, transferee or assignee assuming all the obligations of the agreement until its expiration date and treating the affected employees of the bargaining unit in accordance with the terms of this Agreement. Article II. NON-DISCRIMINATION 2.1 There shall be no interference with, restraint, coercion of, or intimidation against any employee because of participation or non-participation in Union activities or for any other legal pursuits that do not interfere with or adversely reflect upon the Company's integrity. 2.2 Officers, Representatives, and Stewards of the Union may pursue their duties as Union officials, in accordance with the provisions of the Labor-Management Relations Act of 1947, as amended; however, in the performance of such duties they shall not interfere with the Company's operations or with the work of other employees. 2.3 Neither the Company nor the Union will discriminate against any employee because of race, color, national origin, sex, religion, age, handicap, veteran status or by actions which are inconsistent with the provisions of this Agreement. 2.4 Throughout the Agreement, masculine pronouns include both men and women and carry no implied preference for either male or female employees unless the context indicates otherwise.

3 Article HI. UNION SECURITY AND CHECK OFF 3.1 Any employee covered by this Agreement who fails to acquire or maintain membership in good standing in the Union on or before July 16, 1982 or the completion of the probationary period of that employee, whichever is later, thereafter shall be required, as a condition of employment, to acquire and maintain membership in good standing in the Union, or pay to the Union the service fees specified herein. The term "good standing" shall, for the purpose of this Article, mean that the employee has not been delinquent in tendering the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership in the Union. The service fees shall be of the same amount and payable at the same times as the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union. 3.2 The Company agrees to make monthly payroll deductions for the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union, or service fees equal to said dues and the initiation fees, upon proper authorization signed by any employee covered by this Agreement, and will forward promptly the monies so deducted to the Treasurer of the Union. 3.3 Proper authorization for deduction of periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership in the Union, or service fees equal to said dues and initiation fees, will become effective when presented in the following language: "I, ;, authorize and direct my employer to deduct from my wages in advance, at regular intervals to be agreed upon by my employer and the Union, the regular dues and the initiation fees established by the Constitution of the Union, or a service fee equal to said dues and initiation fees. The funds so deducted shall be remitted by my employer to the Treasurer of the Union. This authorization shall remain in effect until canceled either by my written request to the Treasurer of the employing Company, or by notice from the proper official of the Union to the Treasurer of the employing Company that my membership has terminated. ii Date Signature District ii 3.4 It is understood that such authorization shall be entirely voluntary on the part of such employee and limited to the period of this Agreement and extensions thereof, and shall be subject to cancellation at any time by the employee's individual written request to the Treasurer of the Company, or by written notice from the Treasurer of the Union to the Treasurer of the Company. 3.5 Any authorization for deduction of Union dues which was proper and had been received by the Company or the Union prior to the effective date of this Agreement, shall continue to be considered a proper authorization for deduction of Union dues in accord with the terms of that authorization. 3.6 Once each month, the Union will submit to the Company in writing a list of all active employees who have failed to tender the funds required in 3.1 above. The Company will notify those persons named and will discontinue employment of such persons who are not in compliance with the terms of this section within thirty (30) days after such notification, upon receipt of a certificate, properly notarized, from the Union of the following: (a) -That membership in the Union is available to such employee on the same terms and conditions generally applicable to other members, and (b) -That membership has not been denied to any such employee nor has the membership of any such employee been terminated for reasons other than his failure to tender an amount equal to the periodic fees and initiation fees uniformly required as a condition of acquiring or retaining membership.

4 3.7 In the event the Company discharges an employee solely for failure to tender the funds required in 3.1 above, the Union agrees to protect the Company and hold it harmless from any claim of such employee that their discharge was not justifiable.

5 Article IV. UNION LEAVE OF ABSENCE 4.1 The Company will grant a leave of absence without pay to the President and a Union Officer for a period of thirty (30) calendar days. The Union Officer will be designated by the Union President for the entire term of this Agreement. In the case of either Union Officer above, the leave of absence without pay may be renewed for additional periods of thirty (30) calendar days when request for such renewal is submitted in writing to the Labor Relations Director at least seven (7) calendar days in advance of the requested leave. The Company further agrees that while the President and the designated Union Officer are on a leave of absence, it will pay for time spent in Second Step and 5.7 grievance meetings, vacations, holidays, sickness, and other paid absences as provided in Article VIII, Section 8.18 and The President and the designated Union Officer will be paid at the current rate of pay for their respective job classifications prior to being placed on leave of absence. 4.2 The Company agrees to permit the Union officials on leave of absence to have access to its properties during working hours provided they will first make known their presence on the property to the supervisor in charge of the work area to be visited, and provided further that such visits shall not interfere with the Company's operations or with the work of other employees. 4.3 Upon termination of the leave of absence set forth in Section 4.1 of this Article, the Union officials will be returned to the work of their last regular job classification and current rate of pay for that classification or an equivalent position, upon submission of written evidence of good health acceptable to the Company Medical Department. 4.4 Time off without pay maybe granted to not more than eleven (11) members of the Union's Executive Committee at any one time for transacting necessary Union business on a daily need basis under the following conditions: (a) -The request is made not less than two (2) work days in advance of the date requested off. (b) -The manpower needs of the Representative's work unit will so permit, and his department head approves the request in advance. 4.5 For the purpose of attending a Union convention or conference, the Company will, upon fourteen (14) calendar days' advance written request to the Labor Relations Director or Labor Relations Manager, grant time off without pay to the official delegates of the Union, provided that: (a) -The employee's department head approves the request. (b) -The duration of the time off does not exceed convention or conference meeting time, plus necessary travel time. Article V. GRIEVANCE PROCEDURE 5.1 An employee having a grievance which he, his Steward or Representative is unable to satisfactorily resolve with his immediate supervisor and with the next level of supervision, may process the grievance through the following procedure: First Step: The grievance shall be reduced to writing and include such items as the name(s) of the person(s) involved, the nature of the grievance, and the provision(s) of the Agreement involved and the remedy sought. The written grievance shall be signed by the grieved employee(s) and submitted to the concerned member of management, not later than fifteen (15) working days after the grievance occurred or was discovered. Failure to take action within the fifteen (15) day time limit will constitute a waiver of the right to grieve on the matter. A copy of each

6 written grievance shall be forwarded to the Labor Relations Director or Labor Relations Manager by the Union. The concerned member of management shall meet with the Union within five (5) working days of receipt of the written grievance. Attendance at this meeting is limited to four (4) participants for each party, unless either party requests the grievant to be present. The management representative hearing the grievance shall give his written answer within seven (7) working days after the meeting. Failure by management to give its written answer within the specified time limits shall cause the grievance to be automatically processed to the Second Step. All participants in the First Step must be employees of the Company, Second Step: If the answer under the First Step is not acceptable, the Union may, within seven (7) working days after the receipt of the written answer, file a written request for a meeting with the Labor Relations Director or Labor Relations Manager. Failure to act within the specified time limit shall constitute a waiver of the right to grieve on the matter. This meeting shall be held within seven (7) working days after the receipt of the written request. Attendance at this meeting will be limited to five (5) participants for each party unless either party requests the grievant to be present. Management's written answer shall be given within seven (7) working days after the meeting. Not more than one (1) of the participants for either the Union or the Company may be other than an employee of the Company in this Step. A copy of all written requests for meetings under this Section will be forwarded to the Labor Relations Director or Labor Relations Manager. 5.2 Meetings held under the above procedure shall be at mutually agreeable times; likewise, by mutual assent, meetings may be continued or adjourned for periods of time and also the various specified time limits may be extended in the same manner. Every effort will be made to process grievances with the least possible delay. 5.3 Copies of the written answers, as provided for in Section 5.1 of this Article, will be forwarded to the Labor Relations Director and the President of the Union, within the specified time or a mutually agreed upon time period. If the Company and Union agree, FMCS (Federal Mediation and Conciliation Service) will be utilized on a case-by-case basis. 5.4 Grievances of employees arising out of the same or similar facts and circumstances may be considered as joint and combined by so indicating in the written presentation related to either the First, or Second step and thereby causing all such grievances, including those in earlier steps, to be combined for joint consideration in the meeting intended to consider the most advanced grievance, and likewise, management may, by so indicating in its answer to any grievances, combine such common grievances with the grievance in the most advanced step. 5.5 Two members of the Union's Executive Board and two members of the Employee Relations Department may be present at any step of the grievance procedure over and above the limits set forth in Section 5.1, Steps One and Two. 5.6 Nothing in this Agreement shall be construed as restricting the right of an employee to present grievances and to have such grievances adjusted without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of this Agreement; provided further, that the bargaining representative has been given opportunity to be present at such adjustment.

7 5.7 Wages, hours, working conditions, and other matters of general interest not involving individual grievances but concerning the application of this Agreement to groups of employees will be brought up at a meeting attended by not more than eleven (11) members of the Union's Executive Committee, including the President of the Union. The Union shall be entitled to one additional participant who is other than an employee of the Company. A request for a meeting under this Section will be submitted in writing by the President of the Union, Secretary, or Chairman of the Wage and Grievance Committee to the Labor Relations Director or Labor Relations Manager of the Company, or by the Labor Relations Director or Labor Relations Manager of the Company to the Chairman of the Wage and Grievance Committee of the Union, setting forth the particulars of the matter grieved about, the provision(s) of this Agreement involved, and the remedy sought. The request will also set forth the names of the participants to be present. This meeting will be convened within ten (10) working days from the date of the receipt of the request for such meeting. The Union may file grievances on questions involving the interpretation and application of this Agreement to individual employees. The same procedure as set forth above in this Section 5.7 shall be followed. Within ten (10) working days after a meeting pursuant to this Section has been held, the Company shall present a written answer setting forth its position on the matter or matters discussed. 5.8 Time off the job for the purpose of attending meetings provided for in Section 5.1, Step Two, and 5.7 of this Agreement will be granted Union Representatives and Stewards according to Article IV, Section 4.4 of this Agreement, except that the Company will pay for the time off of employees for the purpose of attending such meetings on the following basis: Section Second step: four (4) employees. -Section First paragraph - Union group grievances: six (6) employees. -Section Second paragraph - Union-filed individual grievances: six (6) employees. Article VI. ARBITRATION 6.1 Any grievance that involves the interpretation or application of the terms and provisions of this Agreement which is not satisfactorily adjusted and settled in the grievance provisions set forth in Article V, may, within fourteen (14) working days after the receipt of the answer at the last step of the grievance procedure, be submitted by the Company or the Union to arbitration. The notice of a desire to so arbitrate shall be in writing and delivered in person to the Labor Relations Director or Labor Relations Manager of the Company or the President of the Union and date stamped by the receiving party. Failure of either party to proceed to arbitration within the above mentioned time limit will constitute a waiver of the right to arbitrate the matter. The issue to be arbitrated shall be confined to the contents of the original written grievance as submitted and processed through the grievance procedure of Article V. Within five (5) working days after receipt of such written notice of a desire to arbitrate, the parties shall request, in writing, the Federal Mediation and Conciliation Service to furnish a list of seven (7) arbitrators. Within five (5) days after receipt of this list, the parties shall meet and each strike three (3) names from the list and the remaining name shall be the Arbitrator. 6.2 The hearing shall be promptly convened and full opportunity shall be afforded witnesses and representatives to present their evidence. The decision of the Arbitrator shall be final and binding upon the employees, the Union, and the Company for the term of this Agreement, 6.3 The Arbitrator shall have no authority to change, alter, amend, or abrogate any of the terms or provisions of this Agreement. 6.4 The Company and the Union shall each pay the fees and expenses of their respective witnesses and representatives. The Company and the Union shall equally share the cost of one

8 transcript of the record of the proceedings, the cost of the hearing room, and the authorized fees and expenses of the Arbitrator.

9 Article VII. WAGES 7.1 For the term of this Agreement, employees shall be paid in accordance with the negotiated schedule of rates applicable to their respective classifications asoutlined in the wage schedule shown in this Agreement. 7.2 It is understood that there will be a salary and wage progression schedule for clerical personnel and for physical workers as outlined in the wage schedule shown in this Agreement. 7.3 Upon the establishment of a new job title within the bargaining unit as defined in Article I, Section 1.2, a meeting will be held with the Wage and Grievance Committee at least fifteen (15) working days prior to the establishment of a new job title to establish by mutual agreement the applicable rate of pay, and that new job title and rate of pay will appear as a supplement to the appended wage schedule. When the parties are unable to agree on a rate, the Company will put a rate into effect and the issue maybe submitted to arbitration under the applicable terms of Article VI of this Agreement. 7.4 During the month of March, each department head will conduct an audit of all bargaining unit employees under his jurisdiction with the local Union Representative(s). This audit will attempt to affirm the proper classifications and rates of pay of the employees, giving due consideration to the type, quantity and quality of the work performed. The names, classifications, requested changes, together with supporting reasons for those employees on which agreement is not reached at the local level, may be submitted by the Secretary of the Union's Executive Committee to the Labor Relations Director or Labor Relations Manager no later than April Prior to May 1, the Labor Relations Director or Labor Relations Manager will, after a review of the submitted names with concerned management, advise the Secretary of the Union's Executive Committee of the names of those employees approved for adjustment, as well as those disapproved, and the reasons therefore. Any adjustment resulting from the audit will be made effective the first pay period commencing in May. 7.6 For the purpose of conducting the audit each Representative will be given a listing of the names, classifications, wage rate and employment date for those employees whose status he will audit. Two copies of the entire listing will be forwarded to the Secretary of the Union's Executive Committee. Article VIII. WORKING CONDITIONS Working Hours 8.1 Normal working hours for employees shall be eight (8) hours per day and forty (40) hours per week. Non-traditional working hours which differ from the hours shown above may be implemented upon mutual agreement between local Management and the local Union representative, provided these schedules are in compliance with the Fair Labor Standards Act (FLSA) and any other applicable regulations and laws. Assignment of employees to these working hours will be on a voluntary basis and any agreement regarding non-traditional working hours may be canceled by either local Management or the Union upon reasonable notification. Overtime, Call Out and Premium Pay 8.2 The working day shall begin at the hour when the employee is scheduled to report for work and in the ensuing twenty-four (24) hours the employee shall be paid at the rate of time and one-half for all hours worked in excess of the scheduled shift, except on rotating or revolving shift jobs where the scheduled rotation requires two shifts to be worked in one twenty-four (24) hour period. 8.3 Where an employee(s) is required to work on a scheduled work day during a period not scheduled as his work period for that day, he shall be paid at the rate of time and one-half for

10 the hours worked outside his scheduled work period unless the employee(s) shall have been given at least twenty (20) hours' notice of such change in working hours. Except in emergencies, the Company will not change work unit schedules until it has afforded the Local Union Representative an opportunity to discuss it. However, in the event an employee(s) is required to work on a schedule for less than one (1) week that is not a regularly established departmental schedule, he shall be paid at the rate of time and one-half for hours worked regardless of notice, but shall not be entitled to shift premium as defined in Section Employees shall not be required to take equivalent time off without pay for time worked outside of scheduled working hours, on rest days or in emergencies to balance the working schedules. 8.5 In the event an employee is called out to work on his scheduled day off, he shall be paid at the rate of time and one-half for hours worked, except as provided for in Section 8.9 of this Article. In the event he is required to work more than five (5) hours to complete the work for which he is called out, he will be offered additional work to complete a full eight (8) hour day. 8.6 In the event an employee is called out to report for work within three (3) hours, he shall be paid a minimum of two (2) hours plus travel time to the job when called between the hours of 7:00 a.m. to 11:59 p.m. and shall be paid a minimum of three (3) hours plus travel time to the job when called between the hours of 12:00 a.m. to 6:59 a.m. 8.7 Overtime compensation will be computed on the basis of the regular rate applicable to the employee's classification for overtime hours worked. 8.8 Employees scheduled to work on Sundays shall be entitled to an additional one dollar and fifty cents ($1.50) per hour premium for scheduled time worked. Employees scheduled to work on a Saturday or Sunday, which is a holiday, shall be paid an additional two dollars ($2.00) per hour premium for the scheduled time worked. Work performed outside of scheduled hours on Sundays and holidays will be paid at the rate of double time and the premiums set forth above will not be paid. The double time premium will be paid only for hours actually worked outside of scheduled hours on the Sunday or holiday. Time worked outside of scheduled hours prior to the actual Sunday or holiday, or beyond the actual Sunday or holiday, will be paid the rate of time and one-half. 8.9 Employees not scheduled, but who are called out to work on Sundays or holidays, shall be paid at the rate of double time for all consecutive hours worked. Call-out time worked prior to the actual D Sunday or holiday will be paid at the rate of time and one-half Any employee who is required to work more than sixteen (16) consecutive hours shall be paid double time for all continuing hours worked consecutively beyond sixteen (16). The Company will attempt to keep the consecutive hours worked by an employee under sixteen (16) except when required. The Company, may in its discretion, allow the employee a rest period of eight (8) hours measured from the time of his release from the aforesaid overtime. If a rest period is permitted, the employee shall be compensated as follows: (a) -If less than four (4) hours of an employee's scheduled shift is within the eight (8) hour rest period, the employee shall be excused from work for those hours and paid for them at straight time rates provided he reports for work for the balance of his regularly scheduled shift. (b) -If four (4) or more hours of the employee's scheduled shift fall within the eight (8) hour rest period, the employee shall be excused from the performance of all work on that shift and shall be paid at straight time rates for all hours he was scheduled to work on that shift. It is intended that an employee who has worked more than sixteen (16) consecutive hours be granted the rest period stated above, however, the Company may, in its discretion, require the employee to report for work at the start of his next regularly scheduled shift. In the event that the employee is required to report at the start of his next regularly scheduled shift, the employee shall be compensated as follows: (a) -If the time of release from assigned work is less than eight (8) hours, but more than four (4) hours to the start of an employee's next regularly scheduled shift, the employee will be paid time and one-half for all hours worked on that shift.

11 (b) -If the time of release from assigned work is within four (4) hours of an employee's next regularly scheduled shift, the employee will be paid double time for all hours worked on that shift. Furthermore, any employee who works more than sixteen (16) consecutive hours which extend into his work period of the next regular work day may, at the Company's discretion, be released from the balance of the shift, in which case he will be paid straight time for the balance of the shift. During a continuing emergency the Company may, at its discretion, allow rest periods for which the employee will not be paid. The overtime rate prior to the rest period will continue after the rest period Working days and days off or rest days shall be considered scheduled when they are determined seven (7) or more days in advance of the calendar dates The employee, with the consent of his supervisor, may change his scheduled shift or day off for personal reasons when he gives his supervisor notice at the earliest possible time, providing that premium payment is not necessitated because of granting the request Time slips shall report entire scheduled time worked as having been worked on the calendar day the work trick started. Allowance For Reporting To Work and For Interrupted Work 8.14 Employees reporting for work but unable to work, in the opinion of local management, because of inclement weather or conditions beyond control, shall receive a minimum of two (2) hours' pay, provided they remain on the job, and if after the initial two-hour period, work is interrupted by the above conditions, they shall receive a minimum of four (4) hours' pay, provided they remain on the job. Allowance for Shift Work 8.15 Employees assigned to shift work between the hours of 11:59 a.m. and 6:59 a.m. will be paid a shift premium at the rate of ninety cents ($0.90) per hour. This premium will be increased by five cents ($0.05) per hour each year on June 16th for the term of this contract. The employee's scheduled starting time shall determine his/her base rate for overtime pay purposes. The shift premium shall be applicable only to time actually worked. Vacations, holidays, and other paid absences will be paid at the regular rate of pay. Allowance For Temporary Supervisors 8.16 Whenever a Union eligible employee is temporarily assigned to and performs any of the duties of a supervisor, the employee shall be paid an additional thirty cents (S.30) per hour for the time spent in performing the duties of such supervisor. The thirty cents ($.30) per hour shall be paid for a minimum of eight (8) hours in any one day. Employees who are assigned to such duties for overtime hours only, shall be paid such premium only for the overtime hours actually worked. (It is not the intent that this provision shall apply to classifications where the job description includes leadership, such as Crew Leaders, C&M Technicians with Helpers, Fitter/Operator with Helpers, Mechanic with Helpers, Lead Mechanic, Lead Machinist and similar cases). The parties agreed not to utilize elected Union Officials and Stewards as Temporary Supervisors. Temporary supervisor's allowance will be paid when a bargaining unit employee is assigned to and performs any of the duties of a supervisor. If a supervisor is absent, it does not mean that a bargaining unit employee shall automatically be appointed as a temporary supervisor. In many instances another management employee can perform the necessary duties temporarily, in addition to his/her own duties. If the duties of the absent supervisor can be postponed, this may be done. The assignment of temporary supervisor's premium to a bargaining unit employee is to provide coverage for absences of supervisors.

12 It must be stressed that this was intended to be and should be handled as a temporary situation and will not be used to forestall the replacement of a full time supervisor. Normally, this temporary supervisor's premium should not be given to employees who have demonstrated that they will never be promoted to the job. The Labor Relations Director or Labor Relations Manager will review all uses of temporary supervision on a quarterly basis.

13 Allowance For Meals 8.17 An allowance for meals in the amount of $8.50 per meal will be given to the employees and increased twenty-five cents ($0.25) each year on June 16th for the term of this contract. (a) No meal allowance shall be granted for regularly scheduled work hours, except as provided in Paragraph (c) below. (b) An employee required to work overtime beyond his/her regularly scheduled work day shall be entitled to one (1) meal allowance. Another meal allowance shall be granted for each continuous five (5) hour work period thereafter. (c) An employee called out with less than three (3) hours' notice shall be entitled to one (1) meal allowance. The employee shall be entitled to an additional meal allowance for each continuous five (5) hour period thereafter, except when the call out continues into his regularly scheduled work day, the employee shall be entitled to only one (1) meal allowance during his regularly scheduled work day. (d) An employee scheduled to report to work with less than twenty (20) hours' notice on his regularly scheduled "off da/', shall be entitled to one (1) meal allowance. If he works ten (10) continuous hours, he shall be entitled to one (1) additional meal allowance. Another meal allowance shall be granted for each continuous five (5) hour work period thereafter. Allowance For Civic Duty 8.18 Any employee, except summer casuals, required to perform civic duty as defined below, will be granted time off without loss of pay. He/she will not be required to work partial work days while performing such civic duty. To be eligible for civic duty pay, the employee must submit promptly and in advance to his/her supervisor, notice from the governing authority. Civic duty means: (a) Employees on Jury Duty will be scheduled for the normal day shift, Monday through Friday, when sufficient notice has been given to avoid the necessity of overtime. (b) Service as election day judge, clerk of elections or other election official in either National, State, County or Municipal elections. (c) An employee subpoenaed as a witness in a court proceedings. An employee may not take advantage of this Subsection if he/she is named a party to such proceedings, or if the subpoena arises out of employment other than for the Company, unless such employment is essentially volunteer in nature for an organization with a civic purpose. Any fee received for performing such civic duty will be retained by the employee and will not be deducted from his/her pay. Allowance For Death In Immediate Family 8.19 In case of death in the immediate family, any employee, except summer casuals, will be allowed necessary time off up to three (3) work days without loss of pay for circumstances arising from the death. Immediate family is defined as employee's spouse, children, parents (or relative standing in place of a parent), brothers or sisters, spouse's brothers or sisters, brother's or sister's spouse,

14 father or mother-in-law, grandchildren, grandfather, grandmother, spouse's grandfather and grandmother, son-in-law and daughter-in-law, and all step and half relationships. Allowance For Use of Personal Automobile on Company Business 8.20 Employees authorized to drive their personal automobile on Company business will be reimbursed under the Company's basic mileage plan. The automobile mileage allowance covers all normal operating expenses and it is expected that employees authorized to drive their personal car will carry personal auto-mobile insurance which reflects their frequency of business use. An employee will be allowed mileage from his home to the job assignment and return when "called out". When an employee is not required to go to his assigned reporting location before going to a job assignment, he/she will be allowed mileage from his home to his/her job assignment. Likewise, if the employee is not required to return to his reporting location at the end of the workday, but is permitted to proceed from work location to home, he/she will be paid mileage for the trip home. In addition, mileage allowance at the rates stated above, will be paid for miles traveled between work assignments. Allowance For Training 8.21 When training is given at a location other than the employee's normal reporting location, and the employee is required to use his/her personal vehicle, the Company will reimburse the employee for mileage under the Company's basic mileage plan. The mileage will be based on the distance from the employee's Dnormal reporting location to the training location. Overtime will be paid for travel time outside the first shift, Monday through Friday schedule, if management determines it necessary to accommodate timely arrival and departure of the training. In addition, the Company agrees to pay an allowance for meals and miscellaneous expenses while attending classes at Company Training Centers when overnight accommodations are required by the Company in the amount of thirty dollars ($30.00) per day. This allowance does not include costs for lodging and travel, which will be paid by the Company. No other reimbursements will be paid to the employee. Allowance For Clothing 8.22 A clothing allowance of twenty cents ($0.20) per hour for the time actually worked will be paid to employees in the following classifications: (This allowance will be granted to Technicians in the Engineering departments only on days when working in the field and to Field Clerks only on the days when working in the Warehouse). The allowance will be increased one cent ($0.01) each year on June 16th for the term of the contract. Bench Machinist Beta Analyzer Technician Blacksmith Building Maintenance Person Compressor Station Operator Compressor Technician Communication Specialist Communication Technician Dispatch Technician (Gross Station) Engineering Technician Lead Machinist Lead Mechanic Machinist Mechanic Mechanic Helper Meter Shop Technician Millwright Natural Gas Vehicle Specialist Test Mechanic Total Energy Plant Technician

15 Field Clerk (Warehouse) Field Operator Fork Lift Operator Gas Detection Equipment Operator Gas Detection Technician Gas Operations Technician Heavy Equipment Operator Helper: Compressor Station, Gas Operations, Warehouse Utility Person Warehouse Person Weldor Crew Leader Weldor Specialist Well Hand Well Cleaner Well Specialist Allowance For Inspectors Working With Contractors 8.23 In addition to the Allowance for Use of Personal Automobile, employees assigned to do inspection work with contractors will receive an additional $3.00 per day to compensate them solely for the use of their automobile in the field as an office and the transporting of necessary work equipment. This allowance will be paid for each day that the employee is required to use their car while working with a contractor in the field. Pilot Programs 8.24 Prior to implementing any pilot program, the Company will discuss it with the Wage and Grievance Committee. Article IX. DISCIPLINE 9.1 There will be no disciplinary action of any kind, including discharge, unless it is for just cause. 9.2 The Local Union Representative shall be notified immediately by the management representative prior to taking disciplinary action of any kind giving full particulars of the reason(s) for the extent of such disciplinary action. 9.3 An employee shall have the right of appeal through the grievance procedure of Article V to question the propriety of any disciplinary action taken against him/her. 9.4 All suspensions or discharges may be processed in the grievance procedure beginning at the second step specified in Section 5.1 if so requested in a written grievance, a copy of which is sent to the Labor Relations Director of the Company. It is also understood that the Company shall afford, if available, an additional Union Officer, including Stewards, upon request, to record minutes of any meetings which could lead to discipline. 9.5 All Type I and Type II disciplines will become stale and invalid upon the employee's maintaining a record free of any disciplinary action for a period of three (3) years. All Type III disciplines will become stale and invalid upon the employee's maintaining a record free of any disciplinary action for a period of five (5) years. Once discipline becomes invalid, neither the Company nor the Union may refer to or use the stale discipline to support or defend its position in any future proceeding involving discipline for any employee, or in the grievance or arbitration procedure for any employee. Active discipline which becomes invalid during the processing of a related grievance or arbitration may be used by either party to support or defend its position until the grievance has reached its final disposition. Article X. PRODUCTIVE WORK BY SUPERVISORS

16 10.1 It is understood and agreed by the Union that supervisors are responsible for the safety, direction, and supervision of the work forces assigned to them It is also understood and agreed by the Union that supervisors are at times required to perform physical work for the purposes of instruction, protecting life or property and occasional physical work that requires their special skills. It is further understood and agreed that supervisors may be required to perform work for the purposes of instruction and to perform other work daily which is similar to, but usually of a more difficult or specialized nature, than that which is performed by employees they supervise The Company and the Union agree that complaints concerning supervisors performing bargaining unit work, other than that which is stated in Section 10.2 of this Article, will be made the subject matter of a written grievance under Article V of this Agreement. Article XL VACATIONS 11.1 Regular full-time employees and part-time employees (scheduled to work 1,000 hours or more in a calendar year), completing active service as of December 31 of a given year will be granted vacation based on the following schedule. Years of Service 1-4 years 5-13 years years years 30+ years Vacation Granted for Full-Time Employees 80 hours 120 hours 160 hours 200 hours 240 hours Vacation Granted for Part-Time Employees (scheduled to work 1,000 hours or more per calendar year) 40 hours 60 hours 80 hours 100 hours 120 hours 11.2 A regular employee reaching his/her 1 st, 5th, 14th, 22nd or 30th year of service will be granted an additional week (40 hours) of vacation on January 1 of the year in which he/she reaches this milestone. Newly hired full-time employees are eligible for vacation after their first full month of employment. These employees will be granted one (1) day of vacation for each full month of employment in the year of their employment up to a maximum of eighty (80) hours. Newly hired part-time employees will receive four (4) hours of vacation for each full month of employment in the year of their employment up to a maximum of forty (40) hours (part-time employees scheduled to work 1000 or more hours per calendar year) For the purpose of vacation policy, the table below provides the procedure for determining an employment service date if a break in service has occurred: If the length of the break in service is... None (continuous service with no break) Less than 6 months Six months, but less than five years Five years or more Then the employment service date is... Original hire date Original hire date, Original hire date plus the length of time the employee was separated from the company. Re-hire date. No credit is given for prior service Periods of disability resulting from accident incurred in performance of duty (as determined under the Benefit Plan) shall be considered active employment and are not to be so

17 deducted. Vacations shall be deemed to commence on the employee's first normal working day or shift on which he is absent from work for vacation purposes. The vacation week shall consist of 40 working hours and two (2) rest days. A holiday is not to be counted as part of the vacation, but rather the vacation shall be extended to include another work day Every effort will be made to provide employees with vacation periods during the months of June, July, August and December if desired by them, consistent with the workload and proper operation of the work unit as determined by the Company and reviewed with the local Union Representative. Seniority, as described in Article XIV, Section 14.1 (i), shall determine selections of vacation time off. Annually, prior to February 15, employees will be canvassed to determine their preference for vacation periods. Any employee who fails to designate his vacation choice by March 1, shall not be entitled to exercise his priority of choice due to seniority until all other employees in the work unit have made their selection. Thereafter, his priority shall apply only to the remaining unscheduled vacation periods. Vacation schedules shall be promptly posted after approval of the department head. Employees may also choose to sell or carry over portions of their earned vacation based on the following guidelines. (a) -Full-time employees may carry over up to forty (40) hours of vacation into the succeeding calendar year. Rescheduled vacations will have the lowest priority in selecting dates for vacation. (b) -Part-time employees (scheduled to work 1,000 hours or more per calendar year) may carryover up to twenty (20) hours of vacation into the succeeding calendar year. Rescheduled vacations will have the lowest priority in selecting dates for vacation. (c) -Full time employees can sell up to 40 hours of unused vacation, in half day segments each calendar year. (d) -Part-time employees (scheduled to work 1,000 hours or more per calendar year) can sell up to 20 hours of unused vacation, in half day segments each calendar year Earned vacations maybe taken in periods of 40-hour increments or multiples thereof Any employee may take partial periods of his/her earned vacation including half day segments, subject to reasonable Company approval, providing the employee notifies his/her supervisor prior to the start of his/her shift, for the following: (a) Major surgery or emergency illness in his immediate family as defined in Article VIII, Section (b) Childbirth by his wife (c) Additional time for circumstances arising from the death of a family member as defined in Article VIII, Section (d) Attendance for funerals not covered in Article VIII, Section (e) Legal matters (f) Personal emergencies when 24 hour notification can not be provided In addition to the above, an employee may take partial periods of his/her earned vacation, including half day segments, subject to reasonable Company approval, for personal matters providing the employee notifies his/her supervisor no less than twenty-four (24) hours in advance of the start of his/her shift In the event an employee is unable to schedule his/her vacation during the calendar year because of sickness, death in the immediate family, civic duty, military duty or at the request of the Company, he/she will be rescheduled for the vacation not completed, during the following vear. Rescheduled vacations will have the lowest priority in selecting dates for vacation.

18 In the event he/she is unable to reschedule and complete his/her vacation during the following year, he/she will be paid in lieu of vacation, using the employee's straight time hourly rate at the time of payment The Company will permit an employee, subject to the requirements of its work schedule, to reschedule at the time approved by the Company, that part of the employee's vacation during which he is hospitalized. The employee must have been hospitalized for emergency in-patient treatment of injury or unanticipated sickness which is not directly or indirectly caused by or due to intoxication or the use of intoxicants as a beverage, or to the use of stimulants, drugs, or narcotics, or to unlawful acts, or to fighting unless in self-defense against unprovoked assaults, or to injury received in any brawl, or to the willful intent of the employee to injure himself or another. As used in this Section, "hospitalized" means admitted to and present as a patient in an institution recognized as a hospital for insurance purposes by the Medical Care Plan. i> In the event that a death in the immediate family, as defined in Article VIII, Section 8.19, occurs while an employee is on vacation, the employee will be allowed up to three (3) work days without loss of pay for circumstances arising from the death. That part of the employee's vacation shall be rescheduled, subject to the requirements of the work schedule and approved by the Company, providing the employee gives immediate notification to the Company. In the event an employee is summoned for Jury Duty, as defined in Article VIII, Section 8.18 (a), during a scheduled vacation period, that part of the employee's vacation shall be rescheduled, subject to the requirements of the work schedule and approved by the Company, providing the employee notifies the Company in advance of attending Jury Duty and supplies proper documentation Full-time employees can purchase up to forty (40) hours of vacation each year. Part-time employees (scheduled to work 1000 hours or more per calendar year) can purchase up to twenty (20) hours of vacation per year. Purchased vacation will be deducted from the employee's pay for the vacation hours taken, at their regular rate of pay. Purchased vacation schedules must be approved by the Company. Article XII. HOLIDAYS 12.1 In order that employees, except summer casuals, shall not lose pay because of the occurrence of a holiday, the company recognizes the following holidays, and subject to the conditions stated below, they shall be granted with pay to all employees, except summer casuals, on active payrolls: New Year's Day January 1 Martin Luther King Day 3rd Monday in January Good Friday Friday before Easter Memorial Day Last Monday in May Independence Day July 4 Labor Day 1 st Monday in September Thanksgiving Day 4th Thursday in November Day After Thanksgiving 4th Friday in November Christmas Eve December 24 Christmas Day December 25 Personal Holiday Personal Holiday 12.2 When a holiday falls on a Saturday, the holiday will be observed on the preceding Friday. When a holiday falls on a Sunday, the holiday will be observed on the following Monday. In the event other dates are set by the State of Ohio for the observance of any holiday recognized herein, those dates set by the State of Ohio will take precedence over the dates set forth herein If the recognized holiday falls on the employee's rest day, he/she will be scheduled for an additional day off with pay or he/she may elect to be paid for the holiday at his/her regular rate of pay.

19 12.4 An employee may designate any two scheduled work days of his/her choice per calendar year as his/her personal holidays, provided, the supervisor approves the employee's requested days Employees scheduled to work on a recognized holiday shall be entitled to holiday pay at their regular rate and either A or B below : A. Pay at time and one half for scheduled hours worked B. Equivalent time off with pay not exceeding eight (8) hours. The date of the equivalent time off will be mutually established within five (5) working days following the holiday worked and cannot result in overtime for the department Sections 12.3 and 12.5 describes only the extra considerations granted for recognized holidays. The compensation paid for the work performed is determined in Article VIII of this Agreement If an employee leaves the Company and has earned but unused personal holidays, the employee will be paid in lieu of these holidays at his/her regular rate of pay. Article XIII. BENEFIT PLANS 13.1 Effective from Junel6, 2001 until January 1, 2002 the Disability Benefit Plan, Long Term Disability Plan, Survivor Benefit Insurance, Group Insurance Program, Employees' Pension Plan, Employees' Thrift Plan, Dental Care Plan and all Medical Care Plans shall be governed solely by the provisions of such plans as in effect on June 15, Effective January 1, 2002 the employees covered by this Basic Agreement shall be covered by the benefit plans detailed in the Benefits Agreement which is effective from January 1, 2002 until and including June 15, 2006 which is hereby fully incorporated in this Basic Agreement. The administration of these benefit plans shall be the responsibility of the Company. No changes affecting benefits shall be made in such plans unless by written agreement between the Executive Committee of the Union and the Company. The Company shall give the Union not less than ten (10) working days written notice before any change is made in the provisions of any of the above plans Article XIV. SENIORITY 14.1 Seniority as used herein is defined as the status accruing to employees through length of service which entitles them to the preferences provided for in this Article. Seniority shall be determined by length of continuous service in a department or service in other units performing like work except as follows; i. Vacations - Seniority for the purpose of selecting vacation time off will be based on total credited service. ii. iii. iv. Layoff for lack of Work and Recall - In cases of layoff for lack of work, total credited service and job qualifications will be recognized, as applied under Article XVI of this Agreement. Excess Employees - For the purpose of applying seniority when relocating excess employees, total credited service and job qualifications will be recognized in accordance with Article XV, Section of this Agreement. Representatives - Elected Union Representatives will be granted top seniority in their departments for the purpose of selecting work schedules, involuntary and temporary transfers, relocating excess employees, layoff and recall.

20 v. Involuntary Transfers - For the purpose of applying seniority in involuntary transfers, total credited service will be recognized in accordance with Article XV, Section 15.6 of this Agreement. Regular Work Schedules 14.2 Seniority for the purpose of establishing regular work schedules at a designated work location will be based on continuous departmental service and either job qualifications or classification, except where a different method of scheduling is mutually agreed upon between local management and the Union, in which case, the local agreement will take precedence over this Section. (This seniority preference will not apply in operations such as Border Stations, Compressor Stations and Gas Control where the accepted practice is to rotate the entire work force). Promotions And Reclassification 14.3 It is the policy of the Company to fill bargaining unit jobs from the ranks of qualified Union eligible employees. Whenever there is a job to be filled within the bargaining unit where a Union eligible employee may qualify for promotion or reclassification, the local Union Representative shall be notified of such opening. Reclassification as used in this Section refers to a change in job title due to the filling of a job opening, and does not refer to a change in job title resulting from advancement because of increased skill and merit The local Union Representative will be given a reasonable time in which to submit and review the names of candidates for such job opening. Selections for promotions or reclassification to union eligible jobs shall first be reviewed with the local Union Representative before the final appointment is made. In cases of selection for promotion or reclassification to Union eligible jobs, the qualifications of the candidates for the job being equal, seniority will be the deciding factor. All employees will be permitted two (2) successful job bids or transfers excluding reporting location changes in a four (4) year period. Exceptions to the foregoing will be made only in cases where a new hire would result The Company will provide the Union with detailed job specifications for job openings under this Article. The specifications will include information as to job qualifications, rate of pay and other requirements for the job to be filled. Notice of the job vacancy will state the bidding period. A copy of the job specifications will be forwarded to the Principal office of the Union and to the Labor Relations Director or Labor Relations Manager by the Employment Department In addition to considering the employee's record and past performance, the employee may be given reasonable tests, oral, written, or practical, to assist management in determining the employee's qualifications. These tests will not be used as the sole factor for determining qualifications. Article XV. TRANSFERS Voluntary Transfers 15.1 Any employee may request a transfer. The employee must submit such request on Form ER-120 (Employee Transfer Request) to his immediate supervisor, with a copy to the Employment Manager Transfer requests for a change in reporting location only, when submitted by a top job title classification employee, will be discussed at the time of submission, by the local Union Representative and the concerned supervisor. If there is an opening, the transfer shall be made as soon as practical. If no opening exists to which the employee can be transferred, his request will be placed on file in the Human Resources Department. Transfer requests on file in the Human Resources Department will be reviewed by the concerned management personnel, when it is determined that an opening exists and a top job title classification employee is required. In selection of employees to be transferred, all candidates being qualified, seniority will be the deciding factor. Transfer requests will be discussed before a new employee is hired.